Planning Representations

garbo speaks

Hi all,
On looking at my local planning system online, I see for several applications, a particular councilor will submit something very short where they say the "want to make a representation" on a particular planning. What does this mean exactly, and what is the benefit? Does it mean if there is a problem with the planning the planner will chat to the councilor?

californiabear

I haven’t heard of it before. Sounds like good old fashioned cronyism to me! Why not call the councilor and ask them?

Gumbo

Sometimes you need official representation that you are local, you are known locally and nothing is better than a local councilor to support this.

It may just be part of the local needs procedure.
I’ve heard of local priests also acting into this role.

Graham

'making representations' on behalf of constituents is fairly common in many elected positions.

It doesn't mean the person making the representations actually has any influence over the process but it generally makes the voter feel all warm and fuzzy for a while.

garbo speaks

Spoke to a friend today who said that the only benefit councillors are is that they are allowed to view the planners report before the planning is granted (lets say a planning was due on May 1st- well then the councillor could see the planners report a few days before) and give you a heads up on what the planner is recommending, and if you need to ask for an extension of time, etc.

Gumbo

garbo speaks wrote: »

Spoke to a friend today who said that the only benefit councillors are is that they are allowed to view the planners report before the planning is granted (lets say a planning was due on May 1st- well then the councillor could see the planners report a few days before) and give you a heads up on what the planner is recommending, and if you need to ask for an extension of time, etc.

Nonsense in my opinion.
The planners report is sometimes done the day before the due date.
Once it gets that far, a recommendation on a decision is made for the senior to approve. I’d imagine it is too late to ask for an extension of time by then as the process for that to happen will be too long.

Letter through registry, stamped and to the planner. The decision order will have gone out by then.
The planners report is also on the public website the day of the decision in most cases (Dublin City for example)

Metric Tensor

It must depend on the county kceire ...

It works pretty much how Garbo describes in at least one county I know well. The councillor (or his secretary) gets word of a possible refusal the day before it's sent out and then rings the applicant or their agent who then has the opportunity to fire in an extension in order to buy some extra time in order to try to solve the issues.

garbo speaks

kceire wrote: »

Nonsense in my opinion.
The planners report is sometimes done the day before the due date.
Once it gets that far, a recommendation on a decision is made for the senior to approve. I’d imagine it is too late to ask for an extension of time by then as the process for that to happen will be too long.

Letter through registry, stamped and to the planner. The decision order will have gone out by then.
The planners report is also on the public website the day of the decision in most cases (Dublin City for example)

I know of many instances where a councillor has viewed the planners report before the decision date, and because of this, an applicant has been able to preempt the FI request or ask for an extension of time if the decision is due to go badly. Councillors have privilege which lets them view reports before they are made public.

Angry bird

Depends on the Council, some tolerate it , some do not, depends on management

Penn

Metric Tensor wrote: »

It must depend on the county kceire ...

It works pretty much how Garbo describes in at least one county I know well. The councillor (or his secretary) gets word of a possible refusal the day before it's sent out and then rings the applicant or their agent who then has the opportunity to fire in an extension in order to buy some extra time in order to try to solve the issues.

Sorry but that makes no sense to me. No submissions can be made, even by the applicant/agent after the 5 week period with the exception of withdrawing the application is how I always understood it. You can't request an extension to address any issues because then other persons would not have the chance to make a submission or observation on same.

If the issue was solvable, it's more likely that it would go to an FI request to allow the agent/applicant to address same, and if it were significant enough, new public notices for persons to make a submission/observation on if they wished.

If it was going to be refused, withdrawal of the application is the only thing I could think of where such a scenario might be carried out, as it could give the applicant the chance to withdraw the application and not have a refused planning application on the site (which would affect a subsequent application). But I really know of no way the applicant/agent can extend or delay the decision to address any issue or submit revised documentation past the 5 week mark.

Gumbo

Metric Tensor wrote: »

It must depend on the county kceire ...

It works pretty much how Garbo describes in at least one county I know well. The councillor (or his secretary) gets word of a possible refusal the day before it's sent out and then rings the applicant or their agent who then has the opportunity to fire in an extension in order to buy some extra time in order to try to solve the issues.

garbo speaks wrote: »

I know of many instances where a councillor has viewed the planners report before the decision date, and because of this, an applicant has been able to preempt the FI request or ask for an extension of time if the decision is due to go badly. Councillors have privilege which lets them view reports before they are made public.

So glad I do not work in the Rural Planning scene!

garbo speaks

Penn wrote: »

Sorry but that makes no sense to me. No submissions can be made, even by the applicant/agent after the 5 week period with the exception of withdrawing the application is how I always understood it. You can't request an extension to address any issues because then other persons would not have the chance to make a submission or observation on same.

If the issue was solvable, it's more likely that it would go to an FI request to allow the agent/applicant to address same, and if it were significant enough, new public notices for persons to make a submission/observation on if they wished.

If it was going to be refused, withdrawal of the application is the only thing I could think of where such a scenario might be carried out, as it could give the applicant the chance to withdraw the application and not have a refused planning application on the site (which would affect a subsequent application). But I really know of no way the applicant/agent can extend or delay the decision to address any issue or submit revised documentation past the 5 week mark.

This is incorrect. You are fully entitled to seek an extension of time even after the statutory 5 week period for submissions. I know first hand of scores of applications that have done this. Which brings me back to the benefits of the councilors- they can highlight any red flags in advance to an applicant.

Gumbo

garbo speaks wrote: »

This is incorrect. You are fully entitled to seek an extension of time even after the statutory 5 week period for submissions. I know first hand of scores of applications that have done this. Which brings me back to the benefits of the councilors- they can highlight any red flags in advance to an applicant.

Maybe things are done differently in the Rural areas, but in Dublin for example, the Planners Report is prepared the day before the decision is made. There would be no time to lodge a request for an extension.

Penn

garbo speaks wrote: »

This is incorrect. You are fully entitled to seek an extension of time even after the statutory 5 week period for submissions.

Can you link to anything which states this? I've genuinely never heard of such happening or being allowed to happen, certainly not with the Local Authorities I've dealt with (to my knowledge anyway). I'd be interested in reading more about it.

Edit:
Found this in the Planning & Development Act: http://www.irishstatutebook.ie/eli/2000/act/30/section/34/enacted/en/html#sec34

(8) (a) Subject to paragraphs (b), (c), (d) and (e), where—

(i) an application is made to a planning authority in accordance with the permission regulations for permission under this section, and

(ii) any requirements of those regulations relating to the application are complied with,

a planning authority shall make its decision on the application within the period of 8 weeks beginning on the date of receipt by the planning authority of the application.

(b) Where a planning authority, within 8 weeks of the receipt of a planning application, serves notice in accordance with the permission regulations requiring the applicant to give to the authority further information or to produce evidence in respect of the application, the authority shall make its decision on the application within 4 weeks of the notice being complied with, provided that the total period is not less than 8 weeks.

(9) Where, within the period of 8 weeks beginning on the date of receipt by the planning authority of the application, the applicant for a permission under this section gives to the planning authority in writing his or her consent to the extension of the period for making a decision under subsection (8), the period for making the decision shall be extended for the period consented to by the applicant.

Still trying to find out info regarding if persons can then make a submission/observation on such additional submitted items if it falls outside of the 5 week period, but it seems like there is some allowance for requesting an extension of time for the planning decision. I'd honestly never heard of that before. Interesting.

Angry bird

Time extension can be made for up to 3 months from memory, and then 1 more month after that. That is if both the Council and applicant/agent are in agreement, in writing. The Council may want more time or they're willing to give more time to the applicant.